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Questions Answered by Peter J. Weinman
3 Answers | Asked in Real Estate Law for New Jersey on
Q: A new owner for a gas station behind me has surveyed the land and has declared that my shed and cement pad are on his

This was the house I grew up in and have taken it over from my deceased father. The fence has been in place for more than 30 years. There are only woods behind me. The station owner has stated he will push back the fence, cut the cement pad and run a fence directly against the back of the shed.... View More

Peter J. Weinman
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answered on Sep 7, 2023

Attorney Greb was mostly correct, but as a NY attorney, I'd suggest that the required time period for a claim of adverse possession is at least 10 (not 20) years. A survey is absolutely necessary, and you should not rely on theirs. You should consult with an attorney in person and not here... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for New York on
Q: How do I add my mother to the deed of my home? I want to buyout my ex-husband's interest in the home & need her on there

I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More

Peter J. Weinman
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answered on Aug 17, 2023

Why does the bank need your mother to become an owner of your house so that she can co-sign your loan? There can be tax (costs and ramifications) and liability issues when adding someone to the title of your home, and this should not be done lightly - and certainly not at the request of someone at... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How is this legal ?? I went to court for eviction with a legal aid the pension is agree to amend petition to include

Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????

Never agreed to that... View More

Peter J. Weinman
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answered on Jun 24, 2023

Adding to attorney Colatosti's answer, I want to suggest that your legal aid attorney is really the only person who can answer any questions about the agreement you entered into. Those legal aid attorneys are generally quite good at navigating optimum agreements for tenants and I would trust... View More

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1 Answer | Asked in Real Estate Law on
Q: MY HOA IS CHARGING FOR COPIES OF CCR'S, HOA DECLARATIONS,RULES AND REGULATIONS ETC. IS THIS LEGAL?

THE GUTTERS WERE OVER FLOWING ONTO MY BALCONY AND INTO MY CEILING. NOW, THE CEILING AND WALLS MUST BE TORN OUT AND THERE IS ASBESTOS SO IT IS A BIG DEAL. HOA SAYS DESPITE THE GUTTERS IT IS MY RESPONSIBILITY BECAUSE BALCONY LEAKED. I CANNOT BELIEVE THIS? The balcony did not leak prior

Peter J. Weinman
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answered on Jun 23, 2023

I am confused by your question and the subject line. Let us know if I have pieced this together correctly:

1. There's a dispute over who's responsible for the ceiling (and asbestos).

2. You want to check the rules but you cannot locate your copy of the governing...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Do I have cause to sue a previous homeowner for not disclosing termites?

I bought a house last year. I had a home and termite inspection. The inspection showed no activity or prior activity of termites. The Seller's disclosure said no prior treatment, no previous termites, and no current activity of termites. In May, I saw dead termites in my house. I had a termite... View More

Peter J. Weinman
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answered on Jun 23, 2023

It sounds like you have more of a claim against both your inspectors who each failed to notice the bait stations around the house and the sticker in the electric box. However, even if you have a claim against either inspector, it will likely be limited to the cost of the inspection (which is what... View More

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1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
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answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

1 Answer | Asked in Real Estate Law on
Q: When I initially signed my lease for my apartment in Edmonton Alberta there was nothing on it indicating a no pet rule

My lease has a section regarding pets that was crossed out in pen, but never adjusted to say no pets or anything about pets being against the lease. I would not have signed the lease if it had been upfront about a no pet policy and I feel like I signed it under manipulative circumstances

Peter J. Weinman
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answered on May 23, 2023

You did not ask a question but I assume you want to know if you can break your lease. We need more info and I am not licensed in your jurisdiction but my opinion is "probably no." How long ago did you sign and move in? Did you have a pet when you moved in or did you just (or are you... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the HOA has placed fines and penalties for $2100 and offer no payment plan is it in my best interest to get an atty?

They are threatening to continue with lien process if not paid and offer no payment plan.

Peter J. Weinman
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answered on May 23, 2023

Unless your HOA rules so provide, the HOA is not obligated to offer a payment plan. How many months you are in arrears? (For example, is it 21 months at $100 per month, or 3 months at $700 per month, etc.)? I ask because if your payments are $100 per month, for the sake of argument, and you have... View More

1 Answer | Asked in Civil Litigation and Small Claims for New York on
Q: How can I protect myself when ex-friend is harassing me and trying to extort money from me? Is her case even valid?

I stayed with a friend in another state. I asked if I could visit her and she agreed. We did not discuss any payment. I slept on her floor for 5 nights. We did some outdoor photo shoots together, since my friend is a photographer. After I left, she sent me a nasty email demanding $1730 for the... View More

Peter J. Weinman
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answered on May 22, 2023

Without knowing the state your friend lives in, none of us can say for sure, but from my NY perspective, unless you had an agreement in advance, she cannot unilaterally demand "rent" for 5 days on her floor now that she's mad at you. Your text, while not all that helpful, probably... View More

3 Answers | Asked in Criminal Law for New York on
Q: I was with a friend during the time of a fire and they want to blame it on us even though they have no proof

We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More

Peter J. Weinman
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answered on May 22, 2023

I'm not a criminal defense lawyer, but I note you have not asked an actual question - so I will just make a suggestion... This forum is a public place and is routinely monitored by many attorneys, including prosecutors. Obviously, you're asking a hypothetical question, but I would still... View More

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1 Answer | Asked in Real Estate Law for Idaho on
Q: What does IC 55-3206(1) mean?

The HOA Board thinks that the HOA Board authority to make any rule if the CC&R says they can make rules. I think it means that the rule they are trying to enforce has to be in the CC&R

Peter J. Weinman
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answered on May 22, 2023

I am not licensed in your state but I read Idaho Code IC 55-3206(1) and I believe, in essence, it says that if someone is part of a homeowner's association (HOA) in Idaho the HOA cannot fine them unless their ability to do so is clearly written into the Covenants & Restrictions. And, if... View More

1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... View More

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: I am being forced to let strangers in my house for viewing because the owner wants to sell the house. I don’t see tha

I don’t see that clause in my lease agreement

Peter J. Weinman
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answered on May 17, 2023

I am not licensed in your state, but from my NY perspective, if the lease is silent on the issue, presumably, with reasonable notice and at reasonable times, you would be required to let the landlord or her realtor show your unit. On a personal level, I would like to suggest that any of the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... View More

Peter J. Weinman
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answered on May 17, 2023

I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... View More

1 Answer | Asked in Employment Law and Military Law for New York on
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.

I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water.

Peter J. Weinman
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answered on May 12, 2023

OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Pennsylvania on
Q: Which PA laws mirrow these laws in Georgia OCGA § 44-14-162.2 (a) , OCGA 16-8-102 (5) , OCGA 16-8-105 (a) & (b)

I would like to know which laws in Pennsylvania mirror the following laws as listed in the question from the state of Georgia.

OCGA § 44-14-162.2 (a) ,

OCGA 16-8-102 (5) ,

OCGA 16-8-105 (a) & (b).

Peter J. Weinman
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answered on May 12, 2023

I'm not licensed in either state, but I like a puzzle/challenge as much as the next guy:

OCGA § 44-14-162.2 (a) relates to Mechanic's and Materialman's Liens in Georgia, which requires a notice to be sent to a contractor or property owner before filing a lien claim for...
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2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More

Peter J. Weinman
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answered on May 12, 2023

Attorney Fowler is correct and offered good advice (and she's licensed in your state). To directly answer your question, though, from my NY perspective, it's too late now to remove her name from the deed. To do so in contemplation of litigation would be a fraudulent conveyance, and any... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can my neighbors get an injunction to keep me from Crossing their property thereby us being homeless

I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... View More

Peter J. Weinman
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answered on May 11, 2023

Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... View More

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can an attorney help me get a mortgage lien removed from my home that was paid off 25 years ago but never satisfied
Peter J. Weinman
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answered on May 11, 2023

Attorney Avery is correct, but before I went that route, I would start by trying to locate a "duplicate" satisfaction of mortgage from the lender or its successor. If they are still in business, call them and ask for a duplicate satisfaction. If you cannot locate the lender or determine... View More

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